opi here to tell me how they are tapping into the billion dollar industry they created. thank you for joining us see you back here tomorrow. lou: good evening, the white house today confirming that alleged above the activity marathon bomber dzhokhar tsarnaev will not be prosecuted as an enemy combatant, press secretary carney said that suspect will be tried in a civilian court because he is an american citizen, carney stressed that the investigation is still ongoing. >> he will not be treated as an enemy combatant we will prosecute this terrorist as a in u.s. justice. lou: authorities today file federal charges against tsarnaev

after an initial appearance before a federal magistrate from his hospital bed, where he was read his miranda rights, the 19-year-old charged with one count of using and conspiring to use a weapons of mass destruction of resulting in death. and one count of malicious different stru-- ofproperty, tha maximum penalty of death, federal complain reveals that the tsarnaev brothers were residing in the nation legally, dzhokhar's older brother, tamerlan who was killed friday morning was a lawful permanent resident, one of the two told a carjacking victim thursday night they were the boston marathon bombers, a search of dzhokhar's umass dartmouth dorm room turned

up a hat and jacket corne jack y suspect number 2. tsarnaev remains hospitalized at beth israel hospital with gunshot wounds to his head, neck, legs and hands, authorities believe one was sev-inflicted in -- self-inflectioned in a botched suicide attempt. >> canadian authorities announcing in connection with fbi they have broken up a terrorist plot to blow up a passenger train and bridge somewhere between toronto and u.s. border. a ballot they believe had ties to al qaeda overseas. >> the individuals were receiving support from al qaeda elements located in iran, i can tell you, this there is no information to indicate that these attacks were state sponsored. lou: the royal mounted canadian

police stressing at no point during the invest visio investie public in danger. lou: we bin with the investigation of boston marathon bombing now focused on the tsarnaev bother, former complain disclosed strong video evidence that 19-year-old dzhokhar tsarnaev and his older brother carried out the attacks, meanwhile, authorities still searching for any connection between the brothers and overseas terrorist organizations. fox news chief intelligence correspondent katherine with our report. >> reporter: some of the most compelling preliminary evidence comes from surveillance video and an eye witness, during the carjacking thursday night, one of the brothers said quote, did you hear about the boston explosion, i did that. court records filed show that tsarnaev bro ther eithers walke- brothers walked into boylston street together, each with a

backpack they split up. 30 seconds before the 50 blast the younger brother started digitthing eding with his cell , and 19 year-old remains calm suggests for knowledge of the attacks, as court records were unsealed white house defended fbi investigation of tamerlan tsarnaev in 2011, two years before boston bombings after a tip from russia an government claimed that 26-year-old of a follower of radical islam. >> we have a process in this country we have to find grounds for action, fbi did an inigstigation and did not find grounds at the time. >> reporter: investigators are doing a deep dive on tamerlan tsarnaev's 6 month trip to russia last year, and whether he had direct contact with terrorist in the region.

they has possible leads to the group one known at ama rat in in 2007. >> fbi was you an aware of old pro either's trip in 2012, based on a briefing, they suspect brothers had outside help. >> the fbi and cia and every intelligence agent we had is struggling to figure out what coming next. fbi informed russian that bureau had not found any derogatory information on oile older. brother and requested immediate help. >> thank you very much.

lou: authorities are searching for hundreds of answers many they hope tsarnaev will answer it is important to understand the level and degree of support the terrorists received if any from individuals organizations or a country sponsoring the terrorist attacks. joining us now, former pentagon official, ktmcfarland. and john bolton. good to have you here. let's start you is this a victory for the fbi? is this a time they should be celebrating or should they be evaluating how long it took for them to respond to that russian indication that we had a problem. >> 1 the attack happened, everyone did a great job, you question i got, why did we not see this die guys coming, the

russians warned us twice, they interrogated him twice, and said no big problem. i am worried about, is this notion we are no calling it what is, because we don't want to offense anything, it is radical islamists that want to kill us, it is like the harry potter movie, he who cannot be named. the problem is, if you don't recognize it exists you will never see it coming. lou: john brennan said he does not want to call them jihadists or radical islamists, i never heard, i will say it straight up that is pure pab lem, i have talked with middle east dislol scholars, and arabists, came up with a definition, jihad and the

call in collided in radical is islamist. >> the people who understand this best of muslims, the unwillingness of a john brennan or obama or others to describe it in accurate terms precludes us from responding effectively. lou: can someone tell me why in the world we're watching a administration that initially refuse to call it a terrorism. they have not acknowledged it is seated in any radical islamist world view. what is the point of this? when are we going to see a brake through here in the -- breakthrough in the mind set of the government, we should point out, this is a mind set that was shared by the bush administration,. >> at the end certainly. lou: early as 2002, a major

issue went to use expression radical i islamist this nation will destroy itself if we cannot speak honestly about our enemies. >> it is okay we'll pass the immigration bill, and 11 million people will get citizenship. lou: your sense of -- >> i think you are right, it is about a mind set they decided we don't you know political correctness, we don't want to talk about anything that might discriminate. we put blinders on the reality, it is time little bit at political correctness took a back say the to common sense, if we're blinded to the challenge we'll never adequately -- >> this is an ideology that believes that america's presence in the world is too strong our support for israel is too strong. >> the administration? >> the administration, the war on terrorism as defined by the bush administration.

-- >> have to be care we were talking about mind set of the well. >> you are right, administration has a narrative, we killed bin laden terrorism is over, on to the next. lou: to israel quickly, secretary of defense hague nel hagel in israel, suggesting a $10 million arms deal. also, something for everyone. hagel said this visit cairo, and riyadh and abu dhabi and united arab emirates with the fighter jets, we do not want to leave anyone out in middle east. >> this reveals about this obama administration is contrary to their public record, this is and hagel makes this argument this is a deterrents arm sales package in his view, against iran this is a concession this obama administration is not going to do anything ni military bircmilitaryabout the iranian nn

program. >> santa clause is coming to town but dio john is right, we'e contain it. lou: overtime, secretary of state kery in istanbul, saying all of the entities all 6 nations involved in the talks will funnel their money through one rebel group in syria, right or wrong? >> a bad choice, bad idea to fund the rebel groups. >> there are houses of rebel groups, who are you going to fund, bad idea. lou: john thank you, and kt thank you. >> much more on the boston bombings flew out tonight's broadcast and what what early investigations are reveals. >> immigration reform. is it about the national

interest? or about politics? >> we take it up in the chalk talk. >> stocks move higher today after worse week in the market this year. wells fargo chief economist john sylvia next. [ male announcer ] with free package pickup from the united states postal service a small jam maker can ship like a big business. just go online to pay, print and have your packages picked up for free. we'll do the rest. ♪ gives you 1% cash back on all purchases,

plus a 50% annual bonus. and everyone but her.. no. no! no. ...likes 50% more cash. but i don't give up easy... do you want 50% more cash? yes! yes?! ♪ [ male announcer ] the capital one cash rewards card gives you 1% cash back on every purchase, plus a 50% annual bonus on the cash you earn. it's the card for people who like more cash. ♪ what's in your wallet? why? and we've hit the why phase...

lou: a good beginning to this week after the ways week of the year last week, we talk about prospects of the market is wells fargo chief economist john silviia, first a look at market dow finished with modest gains, and s&p you o up 7, nazdaq risi3 1/2 points. ony there 3 billion shares changing hand on new york stock exchange, helping the day

caterpillar up 3% forecasting growth in china. microsoft up 3.5% after value act capital took a $2 million take in the company, mixed date ona housing, existing home sales dropping 6/10 of a percent last month disappointing some. but median price surged 12% from a year ago, and commodity prices gold up almost 26-dollars an ounce, and crude oil up 75-cents, and yele on 1 10 -- yield on 10 year, 1.70%. >> airlines report modest flight delays today, first full day of furloughs for air traffic controllers because of sequester budget cuts on the faa . the worst delays on east coast, including new york's

laguardia, one out of 5 tier oeveryfive flights before noon s delayed. congressional republicans say, bull. they charge obama administration is structuring cuts to make them as painful and obvious as possible. >> federal reserve chairman ben bernanke will not be at jac jacn hole sim this year. my next guest said that we're seeing a slowdown in the economy after a stock first quarter, joining us, wells fargo chief economist, john sylvia, you see a slowdown here? >> there is a slowdown that is what bothered market, stock

market a little bit, we a single family housing stocks, retail sales disappointing. building into the commodity market, chinese economic growth is disappointing. people at the inning of year think this economy will take off, and earnings will be strong, then as year goes down they tamper down those expectations. >> you know there is one stock that stands a metaphor, caterpillar, we see them with disappointining results off 42 their earnings, because they are off in the mining sector, but they tell us about good news, just the op ship of what said in -- opposite of what you said in china in their outlook. >> caterpillar is a true global business, they have a lot of infrastructure, a lot of mining and lot of development in many of the asian economies, looking at u.s. companies as traditional

as manage mcdonald's and coca-ca have earnings abroad. lou: do you care that ben bernanke is not going to jackson hole like the other fed chairman over last 25 years. >> it is a big deal, a surprise. just as you suggested. 25 years, usually chairman goes. but, you know in mist may be, i think -- estimation i think that chairman bernanke is making it easier for whoever the next person is, to step in and make some changes, i think lou, when you think about marketplace, the market is anticipating that 2014 will be a period of change in monetary policy. i think chairman bernanke perhaps avoiding august not making a big statement, allowing new person to make their own way. lou: john sylvia great to have you here. >> thank you, lou. lou: for weekend box office, tom

cruise proves he is still a big draw, his new post, took top spot. last week's number one, jackie robinson biopic "42" fell to second place, and "the croods" came in third. up next we answer single most burning question about illegal immigration issue in america, that is tonight's chalk talk next.

for seeing your business in a whole new way. for seeing what cash is coming in and going out... so you can understand every angle of your cash flo last week, this month, and even next year. for seeing your business's cash flow like never before, introducing cash flow insight powered by pnc cfo. a suite of online tools that lets you turn insight into action.

lou: president obama wants immigration legislation on his desk and he means right away, the "gang of 8" wants an immediate vote, chairman patrick leahy is holding three hearing on the bill, one last friday, one today and one tomorrow they are done, which had to be one tomorrow had to be added because homeland security secretary

napolitano withdrew from friday's hearing over development in boston, she had to be there to manage the matter. so why do you think they are in such a rush? this is a faster pace than obamacare. we know how that turned out. almost half of our senators were not in offers the last time immigration reform was being debated ied in 2006 and 07. you think they would want more people. everyone talks about a path to is the ship for erst maded 11 -- citizenship forever estimated 11 million immigrants, i don't know anyone that believes that number, don't you think these congressional hearings should reflect a definnive inive defin? that is one question there are more, looking at some questions, how many illegal immigrants in this nation are educat educated?

we don't know. at what level are they educated? we don't know. how many graduated from high school? we don't know. how many have a college degree? if you thought we don't know, you are right. how many have jobs? we don't know. how many have skill? what kind of skills? we still don't know. how many don't have jobs ? how many -- well how many make a living wage? how much do they make? we don't know. how many pay taxes? we don't know. how many will pay taxes if they get jobs? how much will they pay in taxes? we don't know. what is the real cost of illegal immigration to the u.s.? the real cost? hohonest square, accounting?

what is this answer. what are those illegal immigrants paying in taxes and providing in the way of services to others in this country, some are i imencely productive? what is the cost of the jobs they hold, is there no cost? is it true they only work in industries where americans don't top work. this that is find just give us an answer, do we as a nation make money? do we benefit? do we prosper because of illegal immigration. you hear everyone say we're a nation of immigrants, why don't they say a nation of illegal immigrants? the questions go on and on, is the path to citizenship appropriate? is it good or bad for the

economy? it is good for american society. the real question becames after 10 years of debating this issue, why in the world don't we havv these answers? that's the big question. if you have been watching politics, and washington as long as i have, you know when they don't answer questions in washington, it is because they don't think that american people are going to like the answers. and so that i want to run it by you. i could write question marks all over the board to represent the questions that have not been asked. and more to those who are not answered. there can be one reason, those running our government, don't like the questions, they think we won't like the answers. that is why we need real hearings where citizens get to express themselves, a careful, thoughtful process, senate poses as a great deliberative body but

they treat us as if we're subjects rather than citizens, they need a strong reminder, that we're indeed citizens, we have every right to demand these answers, and our elected officials have every responsibility to provide answers to all of the questions. >> republican party has conducted what itself liters call an autopsy, ed rawlins and michael goodwin take pulse of the g.o.p. >> small community of west, texas trying to get back to normal after last week's deadly explosion, we'll have the latest. >> and suspect number 2 gets his miranda warning, he is not an enemy combatant on dobb's law did the government get it wrong? next.

thank you orville and wilbur... ...amelia... neil and buzz: for teaching us that you can't create the future... by clinging to the past. and with that: you're history. instead of looking behind... delta is looking beyond. 80 thousand of us investing billions... in everything from the best experiences below... to the finest comforts above. we're not simply saluting history... we're making it. how old is the oldest person you've known? we gave people a sticker and had them show us.

we learned a lot of us have known someone who's lived well into their 90s. and that's a great thing. but even though we're living longer, one thing that hasn't changed: the official retirement age. ♪ the question is how do you make sure you have the money you need to enjoy all of these years. ♪ at od, whatever business you're in, that's the business we're in

with premium service like one of the best on-time delivery records and a low claims ratio, we do whatever it takes to make your business our business. od. helping the world keep promises. governor of getting it done. you know how to dance... with a deadline. and you...rent from national. because only national lets you choose any car in the aisle... and go. you can even take a full-size or above, and still pay the mid-size price. this is awesome. [ male announcer ] yes, it is, business pro. yes, it is. go national. go like a pro.

>> looking at a memorial service at boston university at this hour for one of the three bombing victims. 23 year-old graduate student from china. a memorial is planned for the m.i.t. police officer shot and killed during the confrontation on thursday with it to boston garden -- bombing terrorist. vice president by did well contend that serve as. of pittsburgh goods store owner is slamming facebook after it shut down his page his stores page because he was holding the ar-15 rifle giveaway -- give way. it violated the role of promoting the sale of weapons. he said he would never give ay a gun unless they passed the background check also to respond to his appeal.

are censoring pages cleaning suspect number two in the boston marathon page is a descendant of a problem calling for his release. given his miranda rights in formally charged in his hospital room before federal magistrate a public defender was present he faces these death penalty if convicted and another hearing is set for may 30th. joining me now is criminal defense attorney and good to have you both with us. in to be tried as the enemy enemy, to in the military court, why did the obama administration make this choice? >> there are two aspects with the enemy come back and. first of all, he is the united states citizen

committee to crimen u.s. soil so he cannot be tried in a military tribunal for that reason. the other way he could be tried is if there is indisputable evidence so we have heard reports it has to be clear and convincing evidence he has ties and that the federal government does not believe they are associated. lou: the most recent reports are they are investigating very diligently that tragic incident. the obama administration says they cannot try in an american court because he is an american citizen with a king kill him with a missile fired from a drone despite that he is.

square that up. >> this really comes down to a political debate. republicans verses democrats and if you take it from a completely different perspective, the government says we can try him in a federal court and let him have his u.s. constitutional rights he is a citizen. the you we will be so good to prosecute and show the world exactly what our justice system can do. they wanted to win swift and harsh that is what they want to do. lou: i get back, but again how can this of ministration with a straight face say what they're doing is because he is an american have it on negative citizen but they just argue he could kill an american citizen with a drone firing a missile? >> you talk about the family

, , the victims, those people want to see this individual brought to justice to go through the system and me held accountable. lou: the reason there is great concern and rice so many elected officials are crying out for him to be tried as the enemy come back and is the degree of which allegedly he can be interrogated extensively without an attorney present and now this administration has chosen to foreclose that by making the decision it has. >> hold on. spee mickey can still be interrogated. lou: the terms, the duration and representation makes it different. >> it does. >> the truth is they already interrogated him. believes may. they invoked to terrorism laws when he was arrested. for least 48 hours before

miranda rights were given to him. lou: he was also under heavy sedation. i am not sure we can call that interrogation. >> we really don't know. if you recall there was not much said after he was arrested and nobody released information on his medical status at that particular point*. lou: we do know for a fact he had multiple gunshot wounds and was near bleeding out as the expression goes. he was in very bad shape. but now let's turn to chicago. we have a situation since a 1978, a chicago police arresting shimmy my nails, 390 times since 1978.

83 alias common 92 theft. 65 disorderly conduct. what in the world is going on? >> accommodation, i don't know but it's a combination of a failure in the government, a failure of the jail system and a mental health problem. when you combine all three of those issues together this is what happens. this is not your typical situation. this is so extraordinary. when you have the problems this woman had with the overcrowding in the illinois state prison system. >> get has to cost a fortune. >> and you see the revolving door day in and day out. there are great inefficiencies in the criminal justice system it cost taxpayers a ton of money but nobody figures out how to fix it. she keeps committing misdemeanor she goes in and comes out and not getting

the mental health treatment that she needs. lou: i can fix it in one minute. [laughter] paid the u.s. attorney's by the hour. >> come on the. [laughter] go to lou dobbs.com to offer your opinion to find the links of facebook and also facebook. also texas overshadowed by the boston terrorist attack we will have an update on west, texas. next. alec, for this mission i upgraded your smart phone.

♪ right. but the most important feature of all is... the capital one purchase eraser. i can redeem the double miles i earned with my venture card to erase recent travel purchases. d with a few clicks, this mission never happened. uh, what's this button do? [ electricity zaps ] ♪

you requested backup? yes. yes i did. what's in your wallet? yes i did. 7,000 students drop p out every school day. that's a line of desks more than 4 miles long. keep students in school. visit boostup.org and take the first step. ♪ [ male announcer ] help brazil reduce its overall reliance on foreign imports with the launch of the country's largest petrochemical operation. ♪ when emerson takes up the challenge,

"it's never been done before" simply bemes consider it solved. emerson. ♪ lou: president obama and the first lady will attend a memoriaa in texas thursday for the victims of a deadly fertilizer explosion in the town of west. it killed at least 14 people 200 others were injured and over the weekend officials

or the missing from 60 to maybe one or two. that passes for good news these days. trying to return to some normalcy as students return to schools the cause is still under investigation but officials say there is no sign of criminal activity. said reform plan of the gate of eight held the second hearing on the subject. questions about homeland's security is a major topic after the boston bombing. mike emanuel has our report. >> let no one be so cruel to use that he and his activities to men last week to derail the dreams and futures of millions of hard-working people. >> the chair of the senate judiciary -- judiciary

committee one week after the boston attack. >> it became more heated when a top republican chuck grassley clashed with chuck schumer. >> vice a particular the those pointing to the terrible tragedy in boston as an excuse for not doing a bill or delaying it. >> i never said that. >> could never said you did. >> marco rubio said boston should have a bearing on the debate "if there are flaws in the immigration system that were exposed by the attack in boston, any immigration reform passed by congress this year should address those laws. meanwhile a letter sent today and kentucky republican rand paul wrote comic we should not proceed until we understand the specific failures of our immigration system. an interview with fox john boner said he did not see a need to delay the reform effort. >> it may actually help us

to understand who is here and why they are here and what legal status they have. >> but said crews suggested the surest way to pass something is to narrow the focus. >> there is bipartisan agreement we have got to get serious about securing the border. likewise wide bipartisan agreement that we need to improve legal immigration. >> he is trying to carve out the path to citizenship yet jay kearney suggested reform efforts should go forward because improvements would help security. lou: thank you mike emanuel. speaker boehner defended his decision to not investigate the terrorist attack on the consulate in the dead gauzy. here is the speaker today on fox news. >> the reason i have not called for a select

committee at of think it has risen to that level i think those jurisdictions are working closely together and getting the job done. if some point* it is necessary to have the select committee, i would be happy to do it. lou: more than half of house republicans, 170 members have signed on to right resolution with the creation of the select committee. up next rubio as press secretary under fire for a controversial tweet about immigration reform and slavery. we take that up with the "a team" next.

lou: joining us now former

reagan white house political director ed rollins. and do your post columnist michael goodwin. let me start with you. john painter says no to one of the 17 members to a select committee on benghazi? he said summit -- emigration legislation that many of those say let's stop and think about this. what happened to the speaker? >> probably nothing. looks like he is a man who doesn't want trouble. he just wants to move forward not particularly on immigration or anything he thinks is controversial and is led the of, president obstructionist. >> of course. that is true but they never will not give them the rope to do with.

>> that is the fair assessment. he does not one day battle with his own group. lou: what about the 117 members? >> they can change the speaker at any time they want. [laughter] i think immigration will slow down. i think the gang of eight basically went by schumer who knew more than anybody and this is back in 1986 and knows the issues. you have to freshmen members i think there is a real battle coming so they should take their time learn what is in the bill. no more rushing through. we need to find the details. lou: just a few weeks ago rubio said slowdown. we have to be careful, focus to secure the border now full steam ahead?

>> your point* about hearings and unraveling and untangling the legislation. this is what our government doesn't do any more. like the public doesn't trust the government with the government doesn't trust the public. it takes on the big issues but then they don't unpacked the details because they are afraid of getting sidetracked. lou: teasing say care what the facts are? in all seriousness. illegal immigration they have no idea the number. they said there provide 11 million visa because they know they want 50 million. >> this is a hot-button issue for the republicans now ready talks about the latino voters if they cave they will lose their own constituency. and without border security he is spending money on border security making faa

slowdowns of using for one minute there will be money spent on border security on this administration you are nets. >> do they care what is in these things? look back gun-control. it was right off the mark with a mental health issues but they had a package and rush it through and expected it to pass. lou: when we come back, we will ask if there is any relationship between the fbi canceling last weenesday press conference and the president giving the address on the disappointment of the gun control agenda half an hour later. just asking. we will be right back... and with that: you're history. instead of looking behind... delta is looking beyond.

80 thousand of us investing billions... in everything from the best experiences below... to the finest comforts above. we're not simply saluting history... we're making it. would absolutely not have taken a zip line in the jungle. i'm really gd that girl stayed at home. vo: expea helps 30 million travelers a month find what they're looking for. one traveler at a time. expedia. find yours.

lou: we're back with the a-team, i want to know what you think, 5:00 wednesday, news conference by fbi canceled.

up steps president 30 minutes later to talk about his disappointment with the senate and those who oppose his views. >> we should put the justice department under oath. when president said i want to go on at 5:00, and do my thing, they clear the path. there a coordination on a daily basis, there is no question. question. >> we were talking about immigration reform, which appears to be in trouble. american people are watching this ugly display of, a terrorist attack on our great city and goodpeople of boston, that could be used as a political prop, premise, as this administration is fond of doing, those who oppose, and those who

support that legislation. using it. as a -- >> look. facts are facts, this is a new situation, something has happened that has not happened since 9/11, much of the immigration debate is not just the borders, per se, but national security. we cannot say there will never be another terrorist attack, this guy was on the fbi radar, we knew he was here, and he still was able to pull it off. lou: that going to ed's point, this threat a political corrects becomes a mind control, and a mind set in a bar bureaucracy ia frightening thing. what i have a very strong --

well i have a lot of trouble, with the fact that view few people in national media pointing out this administration is suddenly using two terms they are loathe to do one is radical islamist terror, and other is terror itself. >> they are afraid to use it, as michael said before, it is admitting defeat, spending billions of dollars on intelligence, and security, many wonderful men and women doing wonder fall jobs, but this is not fail safe, if you have -- the russians wanted to investigate him 6 months ago they were worried about him, we should have put him on a list, why do we let him life. life. lou: to your point, there are miles of di distance between professional that make up our